Discipline / Investigations

Beware boss backlash after complaint–you’re probably looking at retaliation

02/22/2016

It usually happens like this: An employee comes to HR complaining that her boss said something inappropriate—maybe it was a sexually explicit joke, racial slur or offensive comment about someone’s religion. Then the supervisor gets angry at the employee for complaining and retaliates.

Writing the ‘written warning’

02/18/2016

A “written warning” is usually a key step in the process of progressive discipline. It’s purpose, of course, is to effect a change in behavior. But how do you write one?

Unequal discipline for same offense? Be prepared to explain exactly why

02/10/2016

When more than one employee is implicated in a rule violation, make sure all employees are disciplined equally. That’s especially true if they have the same supervisors and similar disciplinary histories.

Are we allowed to discipline an employee for spouting off about political topics?

02/08/2016

Q. With the upcoming presidential elections, political conversation among employees has become more frequent and intense. One employee in particular, whose political views are the opposite of most of the others in the office, has taken to vehemently promoting his favored candidate and that candidate’s views. Several employees have complained that this has made them uncomfortable. Can we take disciplinary action against the employee for promoting his political views? We are a private employer.

10 steps: Conducting an internal investigation

02/08/2016

Follow these procedures when conducting internal investigations of alleged employee misconduct.

Supervisors’ guide to progressive discipline

02/04/2016

No state or federal law requires you to establish a progressive discipline policy. If your organization has one, however, make sure all your supervisors understand and follow it.

What to ask before punishing insubordination

01/20/2016

An employee who doesn’t do what is asked of him or her is not necessarily insubordinate. Before disciplining for insubordination, delve a little deeper into the employee’s resistance.

Counter years of good reviews by documenting legit reasons for discipline

12/22/2015

Generally, if an employer gives an employee consistently good reviews, courts will view that as evidence that the employer was satisfied with the worker’s job performance. An employee who alleges discrimination or retaliation can then use those good reviews to show that something else must have been the reason for a sudden discharge.

Mental health concerns? Focus on behavior

12/18/2015

Worried an employee may have an undisclosed mental disability that is causing problems at work? Don’t treat him with kid gloves or suggest he seek mental health care.

Sensitive job, angry worker? OK to discipline

12/17/2015

Some workers think that anytime their employer criticizes an emotional state or suggests therapy, the employer is “regarding” them as disabled. Thus, goes the argument, the employer violates the ADA when it tries to intervene.